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  5. 271 S.W.2d 46 (1954)
 

REIMERS v. FRANK B. CONNET LUMBER CO.

No. 43410.

271 S.W.2d 46 (1954)

REIMERS v. FRANK B. CONNET LUMBER CO.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied Modified September 13, 1954.

Attorney(s) appearing for the Case

Clay C. Rogers, Lyman Field, James W. Benjamin, Jack B. Robertson, Rogers, Field & Gentry, Dubiner & Gregg, Kansas City, for appellant.

Henry W. Buck, W. H. Hoffstot, Jr., John R. Gibson, Morrison, Hecker, Buck, Cozad & Rogers, Kansas City, for respondent.

Rehearing Denied and Opinion Modified on Court's Own Motion September 13, 1954.

COIL, Commissioner.

Plaintiff-appellant's verdict and judgment for $35,000 for alleged personal injuries were set aside and a new trial granted defendant-respondent on the ground that the trial court erred in giving instruction 1 on behalf of plaintiff. On plaintiff's appeal, defendant contends that the trial court correctly ordered a new trial for error in giving instruction 1...

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